[Avodah] Halacha vs. Policy - Poll re: Who To Marry

[Daniel Eidensohn]

*Rav Yaakov Kaminetsky^ (Emes LeYaakov Parshas Yechi page 237):* A 
practical example of zealousness which is not based on a correct reading 
of the halacha is found in the following question. A person has the 
choice of marrying a Jewish woman who doesn't observe the laws of family 
purity or a non-Jewish woman. Which is preferable? A student who has not 
properly served an apprenticeship with an experienced posek will say 
that it is obvious that the person should chose to marry the non-Jewish 
woman. That is because sexual relations with a nidah is punished by 
kares while sexual relations with a non-Jew is only a violation of a 
negative commandment of the Torah which is not punished by kares. The 
truth is not this way. Rambam (Hilchos Issurei Bi'ah 12:7-8) states that 
even though sexual relations with a non-Jewish maidservant is only a 
rabbinic prohibition he rules that, "this sin even though it is not 
punished by capital punishment from the court should not be viewed 
lightly. That is because there is a loss associated with sexual 
relations with a non-Jew which you don't find in the violation of all 
the other prohibited sexual relations. That loss is that the son from 
the other prohibited sexual relations is still his son in every respect 
and is considered a Jew. That is true even if the child is a mamzer. In 
contrast the son from a non-Jewish woman is not his son.... This sexual 
relationship with a non-Jewish woman will cause him to turn away from 
G-d and to attach himself to non-Jews. - from whom G-d has deliberately 
separated us so that we can be close to G-d... " It is clear from this 
that the person should chose the relationship with the Jewish woman even 
though she doesn't observe the laws of family purity.


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